What to do if I am trying to close my deceased father’s POD account to which myself and 2 sister’s are beneficiaries?

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What to do if I am trying to close my deceased father’s POD account to which myself and 2 sister’s are beneficiaries?

The problem lies in the fact that 1 sister passed away 8 days after my father. The bank won’t close the account or release the monies contained therein without an heir for my sister providing a document that establishes them as legal recipients of my sister’s share. I am out of state as is my surviving sister. My deceased sister’s husband is somewhere in Iraq or Iran (I think.). I am executor of my father’s Will and although I know a Will has no bearing on a POD account, I still have to handle things accordingly and can’t without proof of legal right.

Asked on July 29, 2013 under Estate Planning, California

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

I am sorry to hear about your family's losses. You should do your best to locate your deceased sister's husband. If you can't find him or he won't act, then you could petition the probate court where your sister lived to become your sister's executor (or personal representative). The bank should then release the funds from your father's POD account to you as executor for your sister. 


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